EXPLANATORY STATEMENT
STATUTORY RULES 1982 No. 224
Issued by the Authority of the Minister for Primary Industry
AUSTRALIAN APPLE AND PEAR CORPORATION (REMUNERATION AND ALLOWANCES) REGULATIONS (REPEAL)
The Australian Apple and Pear Corporation (Remuneration and Allowances) Regulations (S.R. 1975 No. 37) prescribe rates of remuneration and allowances for prescribed persons, i.e. members, or deputies of members, of the Corporation and members of any Committees appointed under section 10 of the Australian Apple and Pear Corporation Act.
Section 18 of the Corporation Act provides that a prescribed person shall be paid such remuneration as is determined by the Remuneration Tribunal and such allowances as are prescribed (by Regulation), subject to the Remuneration Tribunals Act 1973.
Remuneration and allowances are now determined by the Remuneration Tribunal and the above regulations are no longer necessary.
The purpose of the present Regulation is to repeal these superseded Regulations.
Overview
The Australian Apple and Pear Corporation (Remuneration and Allowances) Regulations (Repeal) 1982, issued under the authority of the Minister for Primary Industry, addresses the need to repeal outdated regulations governing remuneration and allowances for members and deputies of the Australian Apple and Pear Corporation. Initially, these regulations prescribed specific rates of remuneration and allowances for the prescribed persons of the Corporation, as per section 18 of the Australian Apple and Pear Corporation Act. However, with the Remuneration Tribunal now responsible for determining these rates and allowances, the original regulations have become redundant. This legislative repeal streamlines the regulatory framework by removing unnecessary provisions and ensuring that remuneration and allowances are determined in accordance with current legislative mandates.
Scope and Application
The Australian Apple and Pear Corporation (Remuneration and Allowances) Regulations (Repeal) 2004 pertain specifically to the remuneration and allowances for prescribed persons associated with the Australian Apple and Pear Corporation. These prescribed persons include members or deputies of members of the Corporation, as well as members of any committees appointed under section 10 of the Australian Apple and Pear Corporation Act. This legislation marks the repeal of the Australian Apple and Pear Corporation (Remuneration and Allowances) Regulations 1975, which previously prescribed the rates of remuneration and allowances for these individuals. The repeal signifies that remuneration and allowances for prescribed persons are now determined by the Remuneration Tribunal, as mandated by section 18 of the Corporation Act, and subject to the Remuneration Tribunals Act 1973. Consequently, the regulations that once set out these rates are no longer necessary, and the current regulatory instrument serves to formally repeal the previously applicable regulations.
Key Provisions
The Australian Apple and Pear Corporation (Remuneration and Allowances) Regulations (Repeal) (No. 224 of 1982) repeals the existing Australian Apple and Pear Corporation (Remuneration and Allowances) Regulations, 1975 (S.R. 1975 No. 37). These repealed regulations previously outlined the rates of remuneration and allowances for prescribed persons, which include members or deputies of members of the Corporation, and members of any Committees appointed under section 10 of the Australian Apple and Pear Corporation Act. The primary operative section of these regulations, section 18 of the Corporation Act, stipulates that prescribed persons are to be paid remuneration determined by the Remuneration Tribunal and prescribed allowances, subject to the Remuneration Tribunals Act 1973. With the establishment of the Remuneration Tribunal as the determining body for remuneration and allowances, the need for these specific regulations has diminished.
These regulations impose certain obligations and requirements on the relevant parties, ensuring that the remuneration and allowances for prescribed persons are appropriately managed and updated. The regulations clarify that the remuneration and allowances are to be determined by the Remuneration Tribunal, which provides a structured and fair method for setting these payments. This ensures transparency and consistency in the remuneration process for those involved with the Corporation. The repealed regulations highlight that these payments are now governed by the Remuneration Tribunal, aligning with current legislative practices and ensuring that the determination process is in line with broader regulatory frameworks.
Breach of the provisions outlined in these repealed regulations could lead to various consequences. While the regulations themselves are repealed, any existing agreements or commitments made under the previous framework may still carry legal weight. Failure to adhere to the determinations of the Remuneration Tribunal could potentially lead to disputes or claims related to non-compliance. It is important to note that the primary enforcement mechanism for these regulations now lies with the Remuneration Tribunal, which has the authority to set and adjust remuneration and allowances according to current legislative requirements. The penalties or consequences for non-compliance with these provisions would be determined by the Tribunal and could include financial penalties or other sanctions as deemed appropriate.